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Experienced Grand Jury Defense Serving all of Texas

Oberheiden & McMurrey, LLP is a health care law firm with experience in regulatory compliance, corporate structuring, litigation, civil and criminal government investigations, and in criminal defense. Members of our Health Care Fraud Defense Team include former senior Department of Justice trial attorneys, former lead prosecutors with the elite Medicare Fraud Strike Force, a former Chief Health Care Fraud Coordinator with the U.S. Attorney’s Office, and talented attorneys with years of experience and with education from the nation’s best law schools. Our attorneys serve clients in the State of Texas and the surrounding area.

If you’ve received a grand jury subpoena or have been alerted to the fact that you’re being investigated by a grand jury in the State of Texas, call the Oberheiden & McMurrey, LLP. Ask to speak immediately with a senior trial attorney. Health Care Fraud Defense Team. The call is free and confidential.

Texas Grand Jury Investigations

There has been a significant increase in federal grand jury proceedings and investigations in the State of Texas. Oberheiden & McMurrey, LLP provides legal defenses for individuals and corporations facing grand jury proceedings. Our experienced defense counsel can also provide assistance with subpoena requests served during a grand jury investigation. The federal government investigates a multitude of cases including health care fraud, fraud related to government programs, securities fraud, mortgage fraud, tax fraud, bank fraud, and procurement fraud. They also investigate suspected issues with embezzlement, computer crimes, and violations of the Foreign Corruption Practices Act.

Explanation of the Texas Grand Jury Process

The grand jury investigates instances of federal felonies and determines whether or not an individual or a business should be indicted. They don’t determine guilt. They determine whether probable cause exists. The grand jury determines this by issuing subpoenas as part of the investigation process. Two types of federal grand jury subpoenas are:

Testimony. This type of subpoena requires an individual to appear before the grand jury to testify under oath. Your legal counsel is not allowed to be present in grand jury proceedings. There is a risk of self-incrimination during your testimony. Oberheiden & McMurrey, LLP prefers to negotiate a release and help clients avoid testifying.

Documents. This subpoena requires an individual or business to provide specific documents and records before a deadline listed on the subpoena. This type of subpoena is referred to as subpoena duces tecum. It requires you to submit corporate records, contracts, financial information, e-mail, or text communications between specified persons, photos, videos, and any other items the government may determine to be important to their investigation. This subpoena is only enforceable if the documents and records requested are relevant, accurately described, and come with a reasonable deadline.

Once you’ve testified and you’ve turned over the documents requested from you, the grand jury can decide if there is probable cause of a crime. The grand jury will either approve the indictment or issue a “No Bill.” No bill is defined as insufficient evidence presented by the prosecution. A formal notification will be sent by the government if you are indicted. However, many people don’t realize that they are being investigated until they receive notice of an indictment. This is because grand jury proceedings are private, unlike traditional criminal trials.

An indictment is not the same thing as a conviction or guilt. A grand jury only determines if probable cause of a crime exists. Guilt and convection are entirely different matters determined in a criminal trial.

Facing a Grand Jury Subpoena? Here Are Some Helpful Tips

The grand jury’s purpose is to determine if you or your business should be indicted for a crime. Their function in the process should encourage parties to create proper defense plans in advance. Then, you may only be called as a witness instead of being the target of the investigation.

Do not underestimate the power of a grand jury subpoena. Do not ignore a grand jury subpoena. They are legally enforceable. Proper objections can be made by your attorney. Grand jury targets in Texas should immediately consult with an experienced defense lawyer to assist in the timely and proper response that must be made.

Don’t talk to federal agents with your attorney present. Do not agree to talk with a federal agent without your attorney present. Despite what they may tell you, they cannot do anything for you. Federal law prohibits you from misrepresenting facts or lying to a federal agent. You should only provide your name and identification to them, but you should insist that any conversations cannot occur without your attorney present. This is your Constitutional right.

Do not delete, alter, or destroy requested records. You must not delete, destroy, alter, or tamper with any documents, records, communications, pictures, videos, or any other records requested by the subpoena. The federal government has the ability to determine if the records that you’ve provided have been altered in any way. This is obstruction of justice. Obstruction of justice is a federal felony.

Do not provide more information than is requested. A subpoena does not mean that you should provide each and every document or record in your possession. Do not share unneeded information. A grand jury subpoena will request very specific types of information to be submitted. Consult with a Texas defense attorney. They can help you gather, select, and organize files that should be submitted to the federal government. They will also draft an appropriate response.

Preparing Your Grand Jury Subpoena Responses

Remember, providing false or incriminating information as a witness during a federal investigation will create greater problems and more criminal charges. This is why you should rely on a Texas defense lawyer to guide you through this process. An experienced defense attorney can intervene immediately when you’ve received a grand jury subpoena. They can help limit and redefine the scope of the investigation.

Organize your documents. If you suspect a grand jury subpoena may be issued, get all of your corporate documents in order and make sure that they are accurate. For example, a health care practice must ensure that they are in full compliance with policies and that all training of staff is up to date. Make sure that employment contracts and 1099 forms are reviewed and approved by your attorney. Have your financial documents and tax filings reviewed and approved by your accountant.

Preserve your documents. Criminal prosecution can be a separate serious matter if any of the requested corporate records are hidden, altered, tampered with, or destroyed. A document preservation notice should be issued to inform your staff and to preserve and maintain all communications and documents. It should be effective immediately. All of the documents requested by the subpoena should be handled with the utmost care. A voluntary preservation effort can have a positive impact on the resolution of your case.

Producing the relevant documents. Contact your defense attorney as soon as you receive a grand jury subpoena. They will contact the prosecutor in charge of the investigation and discuss the details of the subpoena, request an extension, and help you execute any requests that are made. While your attorney communicates with the government, you should gather the requested records and documents. It may take several weeks to compile the requested documents. There are limits to how much information and a limit to how many years a subpoena can request documentation. Your Texas defense attorney will sort through the gathered materials to organize and determine what documents must be submitted to the federal government. They will inform you on which records you can legally withhold.

Oberheiden & McMurrey, LLP

Oberheiden & McMurrey, LLP represents corporate and individual clients in federal grand jury proceedings. Our priority is to help our clients avoid criminal charges. Our attorneys assist clients in federal criminal cases, government investigations, and grand jury proceedings across the United States and we have most recently appeared on behalf of our clients in the State of Texas. The following information represents case outcomes.

Grand Jury Subpoena against PhysicianResult: No criminal charges.

Grand Jury Subpoena against PhysicianResult: No criminal charges.

Grand Jury Subpoena against PharmacyResult: No criminal charges.

Grand Jury Subpoena against Business OwnerResult: No criminal charges.

Grand Jury Subpoena against AccountantResult: No criminal charges.

OIG Subpoena against BusinessResult: No criminal charges.

OIG Subpoena against BusinessResult: No criminal charges.

OIG Subpoena against BusinessResult: No criminal charges.

OIG Subpoena against BusinessResult: No criminal charges.

OIG Subpoena against BusinessResult: No criminal charges.

OIG Subpoena against BusinessResult: No criminal charges.

Grand Jury Defense Lawyers Serving Texas

Nick Oberheiden has successfully represented health care executives, business owners, public officials, physicians, and lawyers in high profile prosecutions, during accusations of political corruption, government investigations, and directed media campaigns, including 60 Minutes. In addition to his health care defense practice, Dr. Oberheiden leads internal investigations, implements corporate compliance programs, and teaches U.S. criminal law and federal litigation in the United States and abroad.

Lynette S. Byrd is a former Assistant United States Attorney (AUSA). Clients greatly benefit from Ms. Byrd’s experience from the Department of Justice, where she prosecuted health care fraud, Anti-Kickback violations, False Claims Act, and Stark violations on behalf of the United States. Ms. Byrd has immense experience with health care law enforcement, and she regularly argues federal matters for her clients.

800-810-0259
Including Weekends
Oberheiden & McMurrey, LLP
Serving the State of Texas and Surrounding Areaswww.federal-lawyer.com

This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.